Court : Guwahati
Reported in : 2010CriLJ1594
..... lead a dignified life and to protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. similarly, introduction of section 498a in the indian penal code vide amendment act no. 46 of 1983 can be said to be the beginning of a new era to protect weak and ..... to loose knots in the prosecution case. latest in the series is the enactment of the protection of women from domestic violence act, 2005 to protect and curb widely prevalent offences of domestic violence. despite amendments to the existing laws and enactments of various statutes, the graph of crime against women is still rising, without any abatement. ..... 7) and spent her night there.5. the aforesaid f.i.r. was registered as baikhora p. s. case no. 99/07 under section 498a/307 of the indian penal code, 1908 (t. p. c in short). after investigation, charge -sheet was submitted and the appellant was tried for the aforesaid offences.6. in order to establish .....
Tag this Judgment!Court : Guwahati
Reported in : [2010]320ITR29(Gauhati)
..... such a classification excluding the government servants from the scheme of section 10 sub-section (26) is violative of article 14 and invalid. consequently, parliament amended the income-tax act (act 42 of 1970) to bring the law in tune with the abovementioned supreme court judgment.10. for deciding the tenability of the claim of the petitioners, ..... of paragraph 20 of the sixth schedule. it may be mentioned that paragraph 20 of the sixth schedule to the constitution itself stood amended by an act of parliament known as the north-eastern areas (reorganisation) act, 1971 (81 of 1971). we need not examine the purpose of the said notification, but from the tenor of the notification, ..... a member of a forward caste.20. the supreme court also recognised that though there is a constitutional limitation on the part of the state legislature to amend or vary the list of scheduled castes or scheduled tribes prepared by the president under articles 341 and 342, there is no limitation upon the authority of .....
Tag this Judgment!Court : Guwahati
Reported in : [2010]153CompCas579(Gauhati)
..... right of the minority shareholder to make application under section 397 or 398, what must also be pointed out is that before sections 397 and 398 underwent amendment by the act 53 of 1963, with effect from january 1, 1964, an aggrieved member could apply, under section 397, only if the affairs of the company were ..... here to point out that the term 'contingent', when appended to the term 'contract', determines the time for the performance of the contract. section 31 of the indian contract act, 1872, states that a 'contingent contract' is a contract to do or not to do something if some event, collateral to such contract, does or does not ..... done or not be done, and embedded, in this principal contract, is the collateral contract of contingency. sections 32, 33, 34 are various contingencies contemplated in the indian contract act, 1872.194. so far as the performance of contract is concerned, the courts can direct specific performance only in a concluded contract. the principal contract, in a .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)25VST140(Gauhati)
..... governed by, and is subject to, section 5(2) including the deductions referred to therein. in other words, when section 106 of the act was inserted by the meghalaya value added tax (amendment) act, 2005, it must have escaped the attention of the state legislature to incorporate therein the deductions mandated by entry 92a of union list read ..... from march 4, 2005, when it was published in the gazette extraordinary no. 25 of the government of meghalaya. this act was subsequently amended by the meghalaya value added tax (amendment) act, 2005. on the coming into force of this act, the garrison engineer (i)(af), shillong (respondent no. 2) by his communication dated may 27, 2006 informed one ..... claim all permissible deduction, if any, available to them while final assessments are being made'. referring to section 15(a) of the central sales tax act, 1956 as amended in 2002, it is contended that the omission therein of the words 'and such tax shall not be levied at more than one stage' has removed .....
Tag this Judgment!Court : Guwahati
Reported in : [2009]151CompCas583(Gauhati)
..... period, a substantial security holder in that public issuer; but the company did not give notice thereof as required by section 20(3) of the securities amendment act, 1988. the securities commission instituted proceedings, in the high court of new zealand, against the company for failing to comply with section 20. the high court ..... of this section.130. before proceeding further, it needs to be noted that unlike special penal statutes, such as, prevention of food adulteration act, essential commodities act, etc., the indian penal code does not make specific provisions for prosecution of a company or of the directors or managing directors of a company. can, in ..... co. ltd. (supra) was. in lennard's carrying co. ltd. (supra), because of unseaworthy condition of the ship's boilers, cargo had been destroyed by fire caused by the ship's boiler. the statutory provisions, which were, in question, namely, section 2, excluded application of vicarious liability and the provisions, contained in section .....
Tag this Judgment!Court : Guwahati
Reported in : (2010)27VST421(Gauhati)
..... issued by the commissioner and secretary to the government of assam, finance (taxation) department, dispur and published on the same date in the assam gazette (extraordinary), amendments to the act were introduced in exercise of powers conferred by section 17 thereof whereby, inter alia, the words 'power tillers' were introduced between the words 'tractor' and ' ..... v. central electricity regulatory commission [2007] 7 scc 636.7. mr. saikia per contra, has been emphatic to urge that the amendment of entry 65 of the second schedule to the act is an unmistakable indicator of the fact that a power tiller prior thereto was not construable as an agricultural implement. he has therefore, ..... tiller' from an agricultural implement, within the meaning of entry 1 of the second schedule to the act, there would have been a clear indication to that effect either in the act or in the notification effecting the amendment. the inclusion of power tiller in clear terms in entry 65 though may be viewed as an .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)226CTR(Gau)573,[2009]314ITR191(Gauhati)
..... expressed by the authorities in certain quarters. from the central board of direct taxes circular in question, it is, therefore, clear that the amendment of section 158bb brought about by the finance act of 2002 is merely clarificatory. in the present case, admittedly, no evidence or materials was discovered in the course of the search of ..... though with retrospective effect from july 1, 1995, will not apply to the present case. relying on the provisions of section 158bb, prior to its amendment by the finance act of 2002, shri bhuyan has submitted that the materials relied upon by the assessing officer in making the assessment of undisclosed income need not be connected ..... out that in the aforesaid circular issued by the central board of direct taxes it has been mentioned that the amendment to section 158bb had been necessitated by the views of certain appellate authorities under the act to the effect that income which can be included in block assessment is only such income which is directly .....
Tag this Judgment!Court : Guwahati
Reported in : AIR2009Gau151
..... the governor general. such ah order was passed by the governor general in exercise of the powers under section 299(1) of the government of india act, 1935, as, adopted by the india provincial constitution (amendment) order, 1948. para 4 of the said order declares as follows:4. the high court of assam shall have, in respect of the territories for the ..... the provisions of any order in council made under this or any other act, to the provisions of any order made under the indian independence act, 1947, and to the provisions of any act of the appropriate legislature enacted by virtue of powers conferred on that legislature by this act, the jurisdiction of, and the law administered in, any existing high court, and the respective .....
Tag this Judgment!Court : Guwahati
Reported in : AIR2009Gau142
..... tripura. according to the learned counsel, the district council was formed in the state of tripura by way of 49th amendment which came into effect on 1-4-1989 and as such the said institution cannot be said to be established by the central government. as such the ..... council and although the institution falls under an area which is covered by 6th schedule of the constitution, the reservation restriction regarding applicability of the reservation act as per section 4 would not be applicable to the nit, agartala since it was established before formation of the district council in the state of ..... research institutions of national and strategic importance specified in the schedule to this act.provided that the central government may, as and when considered necessary by notification in the official gazette, amend the schedule.(c) a minority educational institution as defined in this act,(d) a course or programme at high levels of specialisation, including at .....
Tag this Judgment!Court : Guwahati
Reported in : AIR2009Gau169
..... apex court reiterating that courts are to take liberal approach in considering the prayer for amendment of pleadings.17. order vi, rule 17 has been amended by amendment act of 2002 by introducing the proviso therein. the whole object of the amendment is to restrain the amendment of pleadings subsequent to the commencement of trial so that the other party is not ..... 115 of the code vests power of revision in the high court over courts subordinate to it. proviso to section 115(1) of the code before the amendment by act 46 of 1999 read as under:provided that the high court shall not, under this section vary or reverse any order made, or any order deciding an issue ..... known to the plaintiff, in my considered opinion, it cannot be said that the plaintiff acted with due diligence to know and investigate the title of his vendor before commencement of the trial. the learned munsiff has allowed the prayer to amend the prayer portion of the suit holding inter alia that the pleadings reflect that the .....
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